lN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI FRIDAY,THE E'GHTEE"TH DAY OF JULY !ie1-[] TWO THOUSAND AND TWENTY FIVE P R E S E N T :3fa*_=~?ae±s: HON'BLE SRI JUSTICE DHIRAJ SINGH THAKUR, THE CHIEF JUSTICE ARBITRATION APPLICATION NO: 1 OF 2025 Between : 1. Gowram Shyamlamma, W/o Late G. Narayana Reddy, Aged 71 years, r/o 1-485, Rudram peta Village, Anantapur Rural MandaI, Anantapur District. 2. Gowram Yogendra Reddy, S/o G. Narayana Reddy, Aged 44 years, r/o 1-484-A, Rudram peta Village, Anantapur Rural Mandal, Anantapur District. 3. P. Chinmayee, W/o. P. Kesava Reddy, Aged 42 years, r/o.8-22, KanekaI Cross, Near Anjaneyaswamy temple, Kanekal Village, Anantapur District. 4. Gowram Gangadhar Reddy, S/o G. Rama Krishna Reddy, Aged 42 years, r/o.1-530, Rudrampeta Village, Anantapur MandaI, Anantapur District. ...Applicants AND 1. KV Constructions, Rep by Proprietor, K. Varun Kumar, r/o D.No.2-42, Main Road, Gugudu Village, Narapal Mandal, Ananthapur District. I.di£#=';i_-£tg,?*i FJ |' 2. K Varun Kumar, s/o Kakumani Krishnamurthy, Aged 33 years. proprietor KV Constructions, r/O D.No.2-42, Main Road, Gugudu village, Narapal Mandal, Ananthapur District. .HRespondents Arbitration Application ll(5) & (6) of the Arbitration and Conciliation Act,1996 read with Rules and Scheme under the Act for getting the disputes resolved between the parties aS Per Clause No. 18 of the Registered Development Agreement-Gum-GPA Deed dt.18-12-2019 vide Doc.No.13884 of 2019 and for passing an Award by such Sole Arbitrator. counsel for the Applicants: SRI P RAJESH' BABU counsel for the Respondents: SRI S MURALI MOHAN The Court made the following Order: APHCO10003582025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI Arbitration A Iication No: 1 of 2025 Gowram Shyamlamma and others Vs. KV Constructions and others Advocate for Applicants: Advocate for Respondents: ********** Mr. P. Rajesh Babu Mr. S. Murali Mohan Bench Sr.No:-27 [3441 I ...Applicants ...Respondents CORAM :THE CHIEF JUSTICE DHIRAJ SINGH THAKUR DATE : 18thJuly,2025. PC: This 'ls an application filed under Section ll of the Arbitration and conciliation Act, 1996, for referring the disputes ar-lsing Out Of and in connection with the registered Development`Agreement-cum-General Power of Attorney, entered into between the parties, dated 16.12.2019, to an independent arbitrator. 2. As per Clause 18 of the said Agreement, in case of any dispute between the parties, the same was envisaged to be resolved through arbitration. For facility JOT reference, Clause 18 of the DAGPA is reproduced hereunder: "18) ln case of any dispute be+lween the parties here to touching these presents, the matter shall be referred to the arbitrators one chosen gr 2 HCJ ARBAPPL 1 2025 by each party and in case of any difference of opinion between such arbitrators, they shall nominate a common umpire and their award shall be final and binding on both the parties and the relevant provisions of the arbitration act shall apply." 3. Disputes having arisen between the parties, a notice, dated 27.09..2024, was served upon the respondents by the applicants, invoking the arbitration clause, receipt whereof has not been denied by the respondents. 4. Learned counsel for the respondents does not deny existence of either the arbitration clause in the Agreement or the fact that disputes have arisen, which need to be decided through the mechanism of arbitration and agrees to the appointment of an independent arbitrator. 5. Be that as it may, the present arbitration application is allowed. Justice A. V. Sesha Sai, former Judge of the High Court of Andhra Pradesh, is appointed as an Arbitrator, who shall enter upon the reference and adjudicate upon the disputes arising out of and-in connection with the DAGPA, dated 16.12.2019, and render the Award within the statutory period. The parties shall be free {o file detailed claims and counter-claims, before the learned Arbitrator. The learned Arbitrator shall also be entitled to claim the fee in accordance with Schedule lV of the Act. No order as to costs. Pending miscellaneous applications, if any, in this application shall stand closed. Li-EEE DE a + 3 , b .`' HCI ARBAPPL 1 2025 A copy of this order be communicated to the learned Arbitrator on the address melntiOned herein below: Justice A.V. Sesha Sai, Villa No:C-31, Rain Tree Villas, Opp: Nagarjuna University Road, Namburu, Guntur District, Andhra Pradesh -522 510 Ph: 8331010693 //TRUE COPY// Sd/- E KAMESWARA RAO JsOE :NER:: R: To, 1. Sri Justice A.V Sesha Sai, former Judge of High Court of Andhra pradesh, villa No.C-31, Rain Tree Villas, Opp: Nagarjuna University Road, Namburu, Guntur District (along with a copy of Arbitration Application Affidavit and all material papers filed along with Arbitration Applic'ation) (BY SPEED POST) 2. The Registrar(Judicial), High Court ofAndhra Pradesh at Amaravathi. 3. The Proprietor, KV Constructions, K. Varun Kumar, r/o D.No.2-42, Main Road, Gugudu Village, NarapaI Mandal, Ananthapur District. 4. K Varun Kumar, s/o Kakumani Krishnamurthy, Aged 33 years. proprietor KV Constructions, r/o D.No.2-42, Main Road, Gugudu village, Narapal MandaI, Ananthapur District. 5. One CC to Sri. P Rajesh Babu, Advocate [OPUC] 6. One CC to Sri. S Murali Mohan, Advocate [OPUC] 7. The Section Officer, O.S Section, High Court of Andhra Pradesh at Amaravathi 8. Two CD Copies Stu HIGH COURT DATED..18/07/2025 ORDER ARBAPPL NO. 1 OF 2025 a)F,8 AU6 20,5 I ng+iris current section hfr `*r-:7' iE-a pat¥GP¥:, ` ~y irffiffigErfe=*c, ALLOWING THE ARBITRATION APPLICATION \